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Ask Clare Your Own Question

Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33324
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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iv just got divorced, my ex husband was told to sign the house

Customer Question

iv just got divorced, my ex husband was told to sign the house over to me with £15,000 attached for him . what is the best way to do this ? what do i do if he will not sign, iv paid the morgage for most of the last 10 years alone , he made me divorce him so i had to pay all court costs im on tax credits , he earns £1,000 a month more than me but wont help with court costs, what happens if i can not raise the money or sell the house on the date stated by the judge , can i appeal if our son stays in full time education , if i can raise the money how would be best to pay him . my ex owes £2,000 in arrears in child support can i deduct that from the £15,000 all advice would be greatfully recieved thank you
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Do you mean that there is a Court Order stating that your ex has to sign the property over to you?
is the maintenance payable under a Court Order or via the CSA?
Clare
Customer: replied 2 years ago.


hi and thank you Clare, yes there is a court order , the judge stated in court that my ex should transfer the ownership to me with in 59 days with a £15,000 retainer for him payable on the 1/8/16 when she estimated our youngest should have finished at college, or before if he leaves full time education, i sell, or i cohabit for longer than 6 months. i do not know how to achieve this , or what to do if he refuses to sign. The maintenance is through the csa but my ex refused to pay them direct and continued to pay it in to my account . he misses or under pays payments regularly and stopped paying for our older son when he turned 19 although he was still in full time education till he was 20. i can prove he owes me nearly £2,000 with csa letters and bank statments. the csa will not chase arrears because he will not and has not paid them direct . Can i deduct these arrears of his settlement because he refuses to pay them. The final question really worries me, what will happen if i really can not raise the £15,000 on the 1/8/16 can he throw me and the children out they will be 19 and 22 by then?


Zoe

Expert:  Clare replied 2 years ago.
Hi
Did you have a Solicitor acting for you?
Have you asked the CSA to collect payments?
Clare
Customer: replied 2 years ago.


hi sorry iv been at work , no i could not afford a solicitor i only work 16 hours a week and get tax credits, i have asked them to to start with but he wouldnt send them the money so now the CSA will collect payments from now if i insist but will not collect arrears, so i would just be waiting untill everything got processed and they managed to get him to pay them direct that could take several weeks and money is so tight in this house that we cant manage with out anything for that long

Expert:  Clare replied 2 years ago.
Hi
Have you contacted the Mortgage Company to see if they will release him from the mortgage?
Clare
Customer: replied 2 years ago.


yes im still waiting for the form to come thru to apply for it in my own name , i hace just phoned them again because the form has not arrived

Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.


we bought the house for £36,500 back in 1993 we remorgaged several times after the last being in 2002 to £50,000 my ex husband left in 2003 and dispite being on tax credits and earning £1000 a month less than him i have paid most of the payments alone since then i proved in court i had paid at least £20,000 of that amount we now owe just over £24,000, he asked for £15,000 and the judge gave it him, he had no paper work or proof of anything, when the judge asked him for proof he said "i have sworn on that bible why would i lie to you". he has not paid any court costs at all . i can not afford the absolute but he will not pay for it. i can prove he owes me £2000 in child maintainance. i feel desperate but no one is giving me answers , i need to keep our home for our children so the have a home as long as they need it , like they would have had if he had not cheated on me and left , that man walked out of our life taking our tv with his children watching him do so begging me not to let daddy take the telly they were 6 & 9 at the time and now if im not careful he will take there house, i need answers to questions. the judge has ordered i now need to know how to salvage whats left

Expert:  Clare replied 2 years ago.
Hi
How old are the children now?
Clare
Customer: replied 2 years ago.


20 and 17 the oldest is out of work so i have to support him myself brcause the social only give him £50 a week and he needs to pay his car expenses so he can look for work , his dad stopped paying when he turned 19 but he remained in full time education untill he was 29 the he had to leave or pay £600 for his course and i could not afford it , the youngest plans to stay on at college doing a 2 year course hence the 1/8/16 dead line

Expert:  Clare replied 2 years ago.
Hi
How much is the house worth and how much is outstanding on the mortgage?
Clare
Customer: replied 2 years ago.


£100,000 with £24.000 still owing

Expert:  Clare replied 2 years ago.
Hi
I am afraid that when the time comes you will have to pay your ex the percentage that he is due even if your son remains in education.
I am sorry but this cannot now be changed
However you can deduct the CSA arrears provided you notify the CSA that they have now been cleared
With regard to the Transfer you need the permission of the mortgage company to release him from the mortgage
You will need a solicitor to deal with the actual release and transfer - but it is your ex's responsibility to deal with the preparation of the new Charge protecting his interest
I hope that this is of assistance
Please ask if you need further help
Clare

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